Optimization of the Corruption Court in Minimizing State Losses Due to Corruption

Abstract

The research aims to answer: (i) the arguments of the judiciary for corruption have not been able to minimize state losses due to corruption, and (ii) ideal efforts to optimize the judiciary for criminal acts of corruption to minimize state losses due to corruption. Penalties for perpetrators of corruption in Indonesia are dominated by imprisonment. This is less effective, especially in terms of recovering state assets and state financial losses due to corruption. The state is very disadvantaged, in addition to financial losses, the state must spend a lot of money on investigating corruption cases. It is necessary to optimize the judiciary for criminal acts of corruption to minimize state losses due to corruption as an effective effort to restore state financial losses and the overall costs incurred by the state in eradicating corruption. This article is normative using primary and secondary legal materials and is analyzed deductively with a legal, case, and conceptual approach. The results show: (i) the arguments of the judiciary for corruption have not been able to minimize state losses due to corruption, namely: legal substance is dominated by imprisonment and fines, limited legal options and facilities, traditional criminal-oriented community legal culture and political intervention in law enforcement for criminal acts of corruption; (ii) the ideal effort to optimize the judiciary for criminal acts of corruption to minimize state losses due to corruption is carried out by prioritizing restoration of state losses based on restorative justice and calculating the social costs of corruption.